The Ombudsman's final decision
Summary: We will not investigate this complaint about a Council officer’s conduct, the Council’s investigation of Mrs X’s complaint, comments made by its solicitor or statements made regarding insolvency action. This is because an investigation would be unlikely to find fault with the Council’s actions and there is insufficient injustice to Mrs X to warrant an investigation.
The complaint
Mrs X complained the Council failed to investigate her complaint about staff conduct, made threats of insolvency action when the account was in dispute, stated that she was unable to pay the disputed debt when this was not the case and failed to provide accurate complaint responses.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide: there is not enough evidence of fault to justify investigating, or any fault has not caused injustice to the person who complained.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mrs X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X made several complaints regarding the Council, including its failure to properly investigate a council officer who threatened insolvency action relating to outstanding business rates arrears, comments made by the Council’s solicitor concerning Mrs X’s ability to pay the arrears and failure to provide an accurate complaint response.
The Council said it was satisfied with the council officer’s conduct, explained the solicitor’s comments and confirmed that it is not necessary to suspend enforcement action when a debt is in dispute.
Mrs X wants us to find the Council at fault. The evidence shows the Council has investigated the complaints Mrs X raised at both stages of the complaints process and has not upheld the complaint. It has provided full reasons for its findings and explanations for its actions. There is no evidence of fault or wrongdoing in the Council’s response or management of this issue. I also cannot see that the matters raised have had a significant impact on Mrs X. An investigation would therefore be unlikely to find fault or significant injustice.
Final decision
We will not investigate Mrs X’s complaint because an investigation would be unlikely to find fault with the Council’s actions and there is insufficient injustice to Mrs X to warrant an investigation.
Investigator's decision on behalf of the Ombudsman